© 2019 by Law Offices of Michael F. Niznik

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Every case is different. Nothing on this site should be taken as legal advice for an individual case or situation. Viewing the information on this site, or sending a message to our firm through this site, does not create an attorney-client relationship and will not entail a confidential communication. 

NEW JERSEY DWI

NEW JERSEY DWI ATTORNEY

FIRST OFFENSE

 

BAC of .08% to .099%: 3 month license suspension; up to 30 days in jail; up to $400 fine, up to 48 hours in Intoxicated Driver Resource Center (IRDC) and associated fees; insurance surcharge of $1000 per year for three years; other fines as imposed by the court.

 

BAC of .10% or higher: Up to 12 month license suspension; up to 30 days in jail; up to $500 fine, up to 48 hours in IRDC; with BAC higher than .15% - Ignition Interlock Device during license suspension and 6 months to 1 year following restoration; insurance surcharge of $1000 per year for three years; other fines as imposed by the court.

 

SECOND OFFENSE WITHIN 10 YEARS

 

2 year license suspension; up to 90 days in jail; up to $1000 fine; 30 days community service; up to 48 hours in IRDC; Ignition Interlock Device during license suspension and 1 to 3 years following restoration; insurance surcharge of $1000 per year for three years; other fines as imposed by the court; other fines as imposed by the court.

 

THIRD OFFENSE WITHIN 10 YEARS

 

10 year license suspension; 180 days in jail; $1000 fine; 90 days community service (this can reduce jail sentence); up to 48 hours in IRDC; Ignition Interlock Device during license suspension and 1 to 3 years following restoration; insurance surcharge of $1500 per year for three years; other fines as imposed by the court.

 

ENHANCED PENALTIES

 

There are also enhanced penalties for a DWI in a school zone.  Additionally, New Jersey courts will treat any DWI offense in another state as a prior DUI.  This practice requires an additional DWI in New Jersey to be charged as a second offense if the second offense occurs within ten years of the new charge.

 

No matter which DUI statute you have been charged under, you can challenge a DUI on a number of grounds:

 

  • Probable Cause: An officer must have reasonable suspicion to stop your vehicle and probable cause to request that you perform field sobriety tests or submit to a breathalyzer.

 

  • Sobriety Test: These tests are nothing more than an opinion of whether or not you are intoxicated by an officer whose job it is to gather evidence of your guilt. There are only three nationally recognized field sobriety tests and the results should be challenged in court by an experienced attorney.

 

  • Breathalyzer Test: The Intoxilyzer 5000 is under heavy fire in Pennsylvania and numerous other states. The results simply are not accurate and the machine does not do what it purports to do.

 

  • Officer training: Officers need specialized training to conduct a DUI investigation and arrest. Likewise, special training is required to administer a breath test.

 

  • Officer conduct: The overall conduct and experience of an officer at the scene can be challenged.

 

  • Plea Bargain: Your attorney may be successful in seeking a reduction or dismissal of the charges.

If you or someone you know has been charged with a DUI/DWI, do not delay in contacting an attorney. Attorney Michael F. Niznik will review your case and offer you a free consultation regarding the charges.